Criminal Statutes of Limitations
West Virginia

Last Updated: December 2017
Sexual assault, first degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-3.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Sexual assault, second degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-4.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Sexual assault, third degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-5.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Sexual abuse, first degree Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-7.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Sexual abuse, second degree Answer

What is the statute of limitations for this crime?

  1. The time limit is within 1 year after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-8.
  2. Citation for the statute of limitations: W. Va. Code § 61-11-9.





Sexual abuse, third degree Answer

What is the statute of limitations for this crime?

  1. The time limit is within 1 year after the commission of the offense.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-9.
  2. Citation for the statute of limitations: W. Va. Code § 61-11-9.





Imposition of sexual acts on persons incarcerated or under supervision Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8B-10.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Sexual abuse by parent, guardian, custodian, or person in a position of trust to child Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8D-5.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Incest Answer

What is the statute of limitations for this crime?

  1. There is no time limit for this crime.

Statutory citation(s):

  1. Citation for the crime: W. Va. Code § 61-8-12.
  2. Citation for the statute of limitations: State v. Carrico, 427 S.E. 2d 474, 477 (W. Va. 1993).





Are there any exceptions to the statute of limitations laws? Answer
Exceptions

Whenever the indictment in any case shall be stolen, lost or destroyed, a new indictment may be found for the same offense mentioned in the former indictment, at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter, and as often as any such new indictment is stolen, lost or destroyed, another indictment for the same offense may be found at the first term of the court after such theft, loss or destruction is discovered, or at the next term thereafter; and the court shall, in every case where any such indictment has been stolen, lost or destroyed, enter such fact on its record. Whenever such new indictment is found, the clerk shall add to the entry of the finding thereof the following: “This is the second (or third, etc., as the case may be) indictment found against the said .......... for the same offense”; and the same proceedings shall be had in all respects on any such new indictment as might have been had on the first indictment if it had not been stolen, lost or destroyed. And if the offense mentioned in any such indictment is barred by the statute of limitations, the time between the finding of the first and last of such indictments shall not be computed or taken into consideration in the computation of the time in which any such indictment, after the first, should have been found.  W. Va. Code § 61-11-9.






Anything else I should know? Answer
Anything else I should know?

None specified.









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